QUESTION
Is booster club liable if a child was injured on our baseball field?
Asked on Aug 08th, 2012 on Personal Injury - California
More details to this question:
I am a booster club pres. Injury happened on our field. The on deck batter's bat slipped out of his hands. It flew over the fence and struck a child in the face, requiring a few stitches. Are we liable for her medical bills?
11 ANSWERS
Ronald A. Steinberg
Probably not.
Answered on Aug 24th, 2012 at 11:55 PM
Keven A. McKenna
Probably. It is a foreseeable injury. In RI however there are exemptions for non profits which may benefit you.
Answered on Aug 24th, 2012 at 11:55 PM
Dennis P. Mikko
Was any type of release signed prior to the child being allowed to play. If there is a release, then probably no liability. If the boster club owns the field they should have liability insurance to cover them in situations like this.
Answered on Aug 24th, 2012 at 11:54 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Most of the time the facility would be liable unless a release was on the ticket. In general the President would not individually be liable unless there was a decision made by the President that was improper.
Answered on Aug 24th, 2012 at 11:54 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Not unless you were somehow negligent, i.e., you didn't have the fence separating the field from the spectators high enough. There probably isn't an exact standard or a code, but if the fence was only 6 feet high, then you might be liable.
Answered on Aug 24th, 2012 at 11:52 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think so.
Answered on Aug 24th, 2012 at 11:52 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There is not enough information for me to give a definitive answer. First, when you say "our field" , it is important to know who owns the field and who is responsible for maintenance etc.
If the school or some entity other than the booster club owns and operates the field, then that entity would be the one liable for any negligent acts, omissions, or dangerous conditions.
For the owner operator to be liable, the child would have to show that the operator was negligent in some way.
For example, it might be negligent that there is no barrier, such as a fence, between the spectators and the batter to intercept balls hit into the crowd, or in this case a bat accidentally flung into the crowd.
If the owner operator is a charity and allows the public to use the field for no fee, then the recreational use statute applies, and the child would have to show that the operator was negligent. I think the probability of negligence in this case is small.
Answered on Aug 24th, 2012 at 11:52 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is a rule of law that says that when you attend a sports event you take some responsibility for such things as a fly ball, broken bat etc. you should have medical payments coverage anyway to cover situations like this.
Answered on Aug 24th, 2012 at 11:51 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on Aug 24th, 2012 at 11:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is no quick or easy answer, but generally persons who choose to watch a baseball game from close proximity assume the risk from flying bats and balls. You are welcome to call my office with details and for an appointment.
Answered on Aug 24th, 2012 at 11:50 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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No necessarily. However, if the club has med pay coverage under their liability policy than carrier can pay that because those benefits are available regardless of fault.
Otherwise, the party responsible for maintaining the field could be liable, however, seems to me that batter has bat slip out of his hands doesn't necessarily mean anyone one is liable.
Could be an accident that no one is liable for. Not inconceivable that injured child could argue that whomever is responsible for maintaining the field failed to do something which created a dangerous condition, ie. fence or backstop not high enough and as such an argument could be made.
For a few stitches, especially if there is med pay coverage that can pay for the medical treatment would be risky to pursue for plaintiff's counsel.
Answered on Aug 24th, 2012 at 11:50 PM